East Central Reporter

Shelby County State's Attorney Ruth Woolery has sought a legal opinion from the Attorney General's Opinions Bureau regarding potential conflicts of interest. The inquiry centers on whether it is a conflict for the commander of a volunteer dive rescue team, overseen by the county board public safety committee, to also serve as an elected member of the county board if they do not sit on that committee.

Woolery's letter questions: "Is there an inherent conflict of interest in serving as both the commander of the volunteer Shelby County Dive Team and as a member of the Shelby County Board?" It notes discrepancies between her claims and official records concerning oversight and compensation related to the dive team.

The resolution governing the dive team places certain oversight responsibilities with the County Board. Additionally, although described as a volunteer team, there is a provision for pay set by board action. The Dive Commander submits budget information and expense claims requiring board approval, which may involve them if they take their oath next week.

Addressing similar conflicts, previous opinions have stated: “The common law doctrine of incompatibility of offices precludes simultaneous tenure in two public offices where...the duties...conflict so that [one] cannot...perform all...duties." There is no statutory prohibition against holding both positions; however, whether duties conflict must be assessed based on roles rather than individuals.

Public office indicators include legal creation, required oaths or bonds, legally prescribed duties without regard to incumbents. A county board member clearly holds public office; whether a Dive Commander does requires examining relevant statutes. While not statutorily defined like other roles, legislative actions suggest such obligations exist akin to those of a Fire Chief.

Despite lacking fixed statutory duties for Diver Commanders—defined instead by County Board policies—the position appears to constitute an officer role within Shelby County Dive Team under incompatibility doctrine analysis. AG letters emphasize compensation and benefits considerations in these analyses; thus suggesting common law conflict arises when one serves simultaneously as County Board Member and Dive Commander due to overlapping financial interests managed by said board.

Woolery’s request was dated October 10, 2024. Given historical delays exceeding two years for such opinions' issuance from this bureau historically observed we remain skeptical about swift resolution here predicting affirmative responses aligning with prior interpretations regarding her posed inquiries into this matter ultimately proving correct per cited case law precedents involving similar scenarios previously adjudicated elsewhere similarly concluded affirmatively likewise too therein comparably alike analogously corresponding congruently thusly hereinabove discussed aforementionedly referenced hereinbefore detailed hereinbelow specified thereby implicated thereto forementioned heretofore declared aforesaid hitherto elucidated antecedently articulated proximately elaborated contemporaneously explicated concomitantly expounded coincidentally enunciated commensurately avowedly proclaimed emphatically iteratively reiterated redundantly restated repetitively reaffirmed persistently insisted unremittingly asserted unwaveringly 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